ANIL MARWAHA Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The petitioner has filed the instant petition under Section 482 of the Code of Criminal Procedure (for Short "the Code") seeking quashing of FIR No. 185 dated 4.7.2005 for offence under Section 304 of the Indian Penal Code (for short "IPC") (challan presented under Section 304-A IPC), registered at Police Station, Civil Lines, District Batala and proceedings emanating therefrom.

(2.) Counsel for the petitioner contends that the petitioner is a qualified doctor, holder of degree of MBBS since the year 1991. He joined Punjab Civil Medical Services in the year 1993 and completed his Masters in Surgery (M.S.) in the year 2009. Petitioner's wife namely, Manju Marwaha is a qualified doctor having a degree of MBBS, Diploma in Gynae and Obstetrics and running a hospital by the name of Marwaha Hospital.

(3.) On 4.7.2005, Pawan Kumar deceased, father of complainant (respondent No.2) came in the OPD clinic of Dr. Manju Marwaha in a serious condition. The petitioner was on his duty at SHC Jaura Singha (PHC Bhullar). After competition of his duty hours at 2-00 p.m., he reached his house at 2.25 p.m. when the patient was lying in a serious condition in the hospital being run by his wife, on the ground floor of their house. On humanitarian grounds and in consonance with the ethics of medical profession, the petitioner examined the patient at 2.30 p.m., ordered few basic investigations as well as ECG. The investigations revealed that patient was suffering from 'Diabetes Mellitus with Ischaemic heart disease with cellulites left arm with septicemia multi organ failure'. Finding condition of the patient critical, it was suggested that he be shifted to a specialized medical institute where facilities of intensive care unit etc. are available at Amritsar, which is nearest referral centre from Batala. It is further submitted that while the patient was being shifted, conservative treatment was accorded to the patient as per established medical norms and practice, details whereof are given in Annexure P-1. The patient, all of a sudden, started gasping for breath and his respiratory ratio increased to 50/PM, his blood pressure and pulse were unrecordable, he was given injection Efcortin and Soda bicarbonate and cardiac massage was done for over 10 minutes but the patient did not revive.